Campaign for legally enforceable maximum temperature

The HSE says that it has considered the need to introduce a maximum workplace temperature but, following extensive consultation and a review of research, it has concluded there is insufficient evidence for such a change either in the law or in the supporting ACOP. Instead improved information and advice will be prepared and published along side the revised ACOP.

For some time, unions have been campaigning for a legal maximum temperature. In July 2013, An Early Day Motion by Labour MP Linda Riordan, backed by the TUC, called for the law to be changed to require employers to send staff home if the temperature at their workplace exceeded 30 Degrees Celsius (27 Degrees for those doing strenuous work).

The Bakers Food and Allied Workers Union (BFAWU) plays a key role in the continuing campaign, with the support of its Parliamentary Group. The union’s Cool It! campaign was adopted by the 2011 TUC Congress as policy and in 2012 the union launched a membership survey to help build an evidence base in support of a legal maximum temperature.

The TUC has made six recommendations for office-based working:

• to temporarily relax the dress code in hot weather, while still maintaining the necessary level of smartness;

• to provide fans and portable air-cooling cabinets;

• to install air conditioning and maintain it regularly so it doesn’t break down during a heat wave;

• to allow flexible working, so that staff have the option of coming in earlier and staying later to avoid a sweltering rush hour commute;

• to move employees’ desks away from windows, draw blinds or install reflective film; and

• to allow staff to take frequent breaks and provide a ready supply of cool drinks.

The TUC also emphasises how a maximum temperature is not only a health and safety issue but also makes good business sense, as workers who are facing unpleasant working conditions are unlikely to be as productive.

The case for a legally enforceable maximum temperature is equally important for those working outside. The TUC’s health and safety manifesto, Time for change, has called for a legal duty on employers to protect outside workers by providing sun protection and water, and to schedule work so that employees are not outside during the hottest part of the day.